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Approved
Wellfleet Conservation Commission
Town Hall
July 17, 2013, 4:00 pm
Attendees: Trudy Vermehren, Terry Gips, Ed Simpson, Lauren McKean, John Portnoy, and Ginie Page
Regrets: Cary Rea
4:00 - Business Meeting & Conservation Agent's Report
Co-chair Trudy Vermehren opened the meeting at 4:08 pm.
Correspondence:
FEMA correspondence to the Town stating there will be a 90-day appeal period starting on July 19, 2013 for people to challenge the new flood zones depicted on the maps. FEMA will present and explain the maps at a public meeting at 4:00 pm, August 15, 2013 in the Truro Community Center.
Planning Board requesting review for a subdivision of one parcel into two, change in size of cul-de-sac and a 10 lot subdivision. Agent Greenberg-Lemos will sign the paperwork. Terry Gips moved to approve the Planning Board paperwork and include a storm water management plan for the 10 parcel subdivision.
Letter from Division of Marine and Fisheries regarding declines in horseshoe crabs and flounder.
Letter from Agent Greenberg-Lemos to Jack’s Boat Rental regarding anchoring of rental boat rentals on pond shoreline vegetation . Jack’s Boat Rental responded with a Courtesy Notice to Agent Greenberg-Lemos. John Portnoy moved to issue a $200 citation and communicate to Mr. Ferreira that he should respond to the original violation notice in a coherent manner; seconded by Ed Simpson; passed 6-0.
Americorps priorities : The commission would like assistance with environmental projects, construction and field work.
Regulations discussion on 2.06: Terry Gips stated the Open Space committee would like to have a discussion with the commission in late August regarding the jurisdiction over the ACEC. There was discussion regarding monthly permits for the boat racks. The commission recommended a low profile racking system for Mayo Beach. There may be some available spots near Old Wharf Road which Hillary Greenberg-Lemos will look into. The option of monthly, rather than seasonal, permits and fees was discussed..
Jurisdictional Opinion: Bernstein, 95 Wigwam, Map 35, Parcel 206, remove 2 trees. One tree has beetles and the other is compromised. Ginie Page moved to approve the Jurisdictional Opinion; seconded by Ed Simpson; passed 6-0.
Jurisdictional Opinion: Saarinen, 520 Black Pond Rd., Map 4, Parcel 39, remove 4 black locust trees. Lauren McKean recused herself. The trees go through the deck and have structural issues. The work will be performed by a professional company. John Portnoy moved to approve the Jurisdictional Opinion; seconded by Terry Gips; passed 5-0.
Jurisdictional Opinion: Thimas, 735 Rte. 5, Map 42, Parcel 71, remove 2 trees. The trees fell during the winter storm. Ed Simpson moved to approve the Jurisdictional Opinion; seconded by John Portnoy; passed 6-0.
The algae sample of water from Long Pond was sent to the lab for identification.
Public Hearings 5:00 pm:
Town of Wellfleet, Map 20, Parcels 0, 70 and 90, Kendrick Ave, NOI, reconstruct tennis courts. David Michniewicz of Coastal Engineering gave an overview of the project. There are cracks and flooding in some of the court areas and the proposal is to reconstruct the courts according to the US Tennis Association specifications. Sub-surface drainage systems will be installed to dispose of water running off the courts. The surface will be non-cushioned. There will be a .83% slope. There will be a reduction in the runoff to the fields. There are two grant applications pending. Terry Gips moved to approve the NOI; seconded by Lauren McKean; passed 6-0.
Brimm, 160 3rd St., Map 40, Parcel 102, Certificate of Compliance. The commission agreed to include the Two Center Plaza application at the same time. Attorney Landreth and Don Monroe represented the applicants. Agent Greenberg-Lemos noted that the profile for the revetments was changed; however, she agreed with the change. Revised plans were submitted. On-going conditions will continue on all three properties. Ginie Page moved to approve the Certificate of Compliance with on-going conditions; seconded by John Portnoy; passed 6-0.
Woods, 150 3rd St., Map 40, Parcels 98 and 101, Certificate of Compliance. Attorney Landreth stated there were escrow arrangements with Natural Heritage and the money is under their control. There will be no on-going conditions because the work was never done. Refer to Brimm.
Two Center Plaza, 150 3rd St, Map 40, Parcel 98, Certificate of Compliance. Refer to Brimm.
Eurich, 1065 Chequesset Neck Rd., Map 19, Parcel 91, Certificate of Compliance. Lauren McKean recused herself. Gordon Peabody of Safe Harbors represented the applicant. The commission expressed concern that many features of the construction were not consistent with the original order of conditions as approved. The pump house was to be removed, there is vegetation on the upper slope which was to be unvegetated for terrapin nesting, and the commission does not have a revised planting plan. Mr. Eurich stated Natural Heritage staff had reversed their original opinion and advised that the slope above the access path was not terrapin nesting habitat and could be vegetated for bank stabilization. Accordingly, Mr. Eurich submitted a copy of MNHESP’s letter on this issue. . The latest paperwork in the
files is from 2010 and the commission stated they would require an as-built to include all changes to structures, walk ways, etc. and a planting plan. At the request of the applicant, the request for the Certificate of Compliance was withdrawn without prejudice. Terry Gips moved to allow the Certificate of Compliance be withdrawn; seconded by Ed Simpson; passed 5-0.
Fromboluti, 460 School House Hill Rd., Map 4, Parcel 34, Certificate of Compliance (partial). Lauren McKean recused herself. Mr. and Mrs. Fromboluti stated some restoration of the grounds needs to be completed due to damage from a storm but would like to remove the silt fence. Ed Simpson moved to approve the partial Certificate of Compliance; seconded by John Portnoy; passed 5-0. Mr. Fromboluti requested replacement of a shed that was damaged by the storm. Agent Greenberg-Lemos told him that he will have to submit a new application (NOI) along with a new planting plan.
Bunnell, 56 Beach, Map 35, Parcel 10, Certificate of Compliance. Chet Lay represented the applicant. Ed Simpson expressed concern with the high-end design of the sheds with finished flooring and finished walls. Ed Simpson will confirm that gravel has been placed below all the drip lines. Terry Gips moved to continue to August 7, seconded by John Portnoy; passed 6-0.
Boehringer, 10 Bay View, Map 35, Parcel 33, NOI, construct covered porch, reconstruct timber stairway and sand drift fence (Cont’d from 06/05/13). Ginie Page recused herself. Mr. Boehringer and David Little came to the table and stated through re-leveling, existing posts will be used to repair the stairway to the beach. Little gave an overview of the amended sand drift fencing. A split rail fence will be placed at the existing parking area on Bay View to discourage non-residents from parking, but Mr. Boehringer would request the option to park there. The driveway will be expanded with gravel to accommodate two vehicles side by side. Agent Greenberg-Lemos was concerned with clearing a vegetated area for parking. After further discussion regarding the parking, the driveway will be
enlarged and one spot will be available for parking on Bay View with fencing behind it. Ann Spar, abutter, stated there is a neighborhood issue with RVs parking in the sand area and expressed concern with the proposed landing on the stairway because if no one is at the property, people use the stairs and beach. A letter from the Conservation Trust was received in support of the project. Lauren McKean moved to continue to August 7, 2013; seconded by Ed Simpson; passed 5-0,
Crockett, 145 and 121 Holbrook Ave., Map 20, Parcels 132 and 133, NOI, tree removal, tree pruning and undergrowth mowing (Cont’d from 06/05/13). Chet Lay and Dennis Townsend represented the applicant. The revised plan identified the trees to be removed. The Commission recommended that a three- year planting plan be developed to manage invasive plants, and that trees be replaced with shrubs, which will maintain the stability of the slope without impeding the vista. The commission requested a list of the shrubs to be planted and a time frame for planting. Terry Gips moved to continue to August 7, 2013; seconded by Ginie Page; passed 6-0.
Penfield, 114 4th St., Map 40, Parcel 108, NOI, repairs and modifications to dwelling (Cont’d from 06/05/13). Bob Perry represented the applicant and gave an overview of the project, stating gutters will be added over the greenhouse area and paperwork was received from the state MNHESP. Terry Gips moved to approve the NOI; seconded by Ed Simpson; passed 6-0. Ed Simpson supervisor
Patterson, 186 Pleasant Point Rd., Map 35, Parcel 115, construct stone scape, install generator, replace patio, install hot tub on patio, inspect holding tank of septic system, plant shrubs and construct shed (Cont’d from 06/05/13). Chris Paterson and Chet Lay came to the table and explained the revised plans. The flagged trees and trumpet vine may be removed. Lauren McKean moved to identify the RDA as a Negative 3; seconded by John Portnoy; passed 6-0.
Pechonis, 135 Old Truro Rd., Map 8, Parcel 164, Convert barn to single family dwelling (Cont’d from 06/05/13). Agent Greenberg-Lemos stated a fax was received this morning (7/;16/13) from the engineer for a continuation to August 7. There was discussion regarding the manure on the property and the knotweed eradication. The Commission has continued this application over a 3 month period with no additional information supplied by the engineer as requested. John Portnoy moved to deny the NOI; seconded by Ginie Page; passed 6-0.
Taylor Mgmt LLC, 165 3rd St., Map 40, Parcel 104, demolish and reconstruct dwelling, new septic (Cont’d from 06/05/13). A letter was received from the engineer requesting a continuation to August 7, 2013. Ginie Page moved to deny the NOI based on lack of requested information; seconded by John Portnoy; passed 6-0.
Reisinger, 240 Blue Heron Road, Map 41, Parcel 20, NOI, construct new dwelling (Cont’d from 06/05/13). Tim Brady and Chet Lay represented the applicant. Brady gave an overview of the proposed revisions which included the reduction in size of the dwelling, the deck, the elimination of the underground driveway, reduction in height of the foundation, reduction of the deck toward the coastal bank, and redesign of the septic system to include an alternative treatment system. Brady stated this is not an eroding coastal bank and is nicely vegetated. He stated the lots have been in place since 1978 and are grandfathered from the Riverfront regulations. There will be no lawn and there will not be a full walk out basement. One abutter stated she was concerned with a two-story dwelling in the
neighborhood. Terry Gips moved to approve the NOI, seconded by John Portnoy; passed 5-1. Supervisor: Ed Simpson
Krasting, 180 Cliff Rd., Map 24, Parcel 84, remove house from property. Lauren McKean recused herself. Chet Lay represented the applicant and stated the house is hanging over the cliff. The house would be moved to the abutting property across the street. There would be two cranes used to move the dwelling in order to keep the resources in tack. The proponents wish to build a deck on the pilings and maintain it until threatened by cliff retreat, at which time the deck and pilings would be removed. John Portnoy expressed concern that a new deck atop the coastal bank would prevent revegetation. The commission requested the applicant contact a coastal geologist regarding whether immediate pole removal is possible without destabilizing the coastal bank.
Terry Gips moved to continue to August 7, 2013; seconded by John Portnoy; passed 6-0.
John Portnoy moved to adjourn at 7:47; seconded by Lauren McKean; passed 6-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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